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Chhattisgarh Court May 2011 Judgments

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May 09 2011

Jama Masjid Sunni Halwai Lane Raipur and ors. Vs State of Chhattisgarh ...

Court: Chhattisgarh

Decided on: May-09-2011

1. By this petition, the petitioners, firstly; seek a direction to the respondents No.1 to 3 to cancel the lease, if any, granted to the respondent No.5 and/or to revoke the same. Secondly; a direction be issued to the respondents No.1 to 3 to correct the revenue record with respect to Khasra No.736 of Civil Station (Civil Lines), Raipur, which are recorded as plot No.8/1 to 8/4 block No.16 total area 34883 sq.ft. Thirdly; quashing the proceedings pending before the Nazul Officer, Raipur, being without jurisdiction and a last prayer was added by amendment, ordered on 6-4- 2010, that the order dated 31-7-2004 passed by the Nazul Officer in Revenue Case No.80/B-12/2003-04, as also agains the order dated 15-9-2004 passed by the Nazul Officer, Raipur in Revenue Case No.80/B-121/03-04, order dated 14-6-2005 passed by the Additional Collector, Raipur in Revenue Case No.121/2-B/2004-05.2. The indisputable facts, in brief, as projected by the petitioners, for proper adjudication of the case, a...


May 09 2011

Jama Masjid Sunni Halwai Lane Raipur and ors Vs State of Chhattisgarh ...

Court: Chhattisgarh

Decided on: May-09-2011

1.By this petition, the petitioners, firstly; seek a direction to the respondents No.1 to 3 to cancel the lease, if any, granted to the respondent No.5 and/or to revoke the same. Secondly; a direction be issued to the respondents No.1 to 3 to correct the revenue record with respect to Khasra No.736 of Civil Station (Civil Lines), Raipur, which are recorded as plot No.8/1 to 8/4 block No.16 total area 34883 sq.ft. Thirdly; quashing the proceedings pending before the Nazul Officer, Raipur, being without jurisdiction and a last prayer was added by amendment, ordered on 6-4-2010, that the order dated 31-7-2004 passed by the Nazul Officer in Revenue Case No.80/B-12/2003-04, as also against the order dated 15-9-2004 passed by the Nazul Officer, Raipur in Revenue Case No.80/B-121/03-04, order dated 14-6-2005 passed by the Additional Collector, Raipur in Revenue Case No.121/2-B/2004-05.2.The indisputable facts, in brief, as projected by the petitioners, for proper adjudication of the case, are...


May 09 2011

Jama Masjid Sunni Halwai Lane Raipur and Others Vs. State of Chhattisg ...

Court: Chhattisgarh

Decided on: May-09-2011

(Writ Petition under Article 227 of the Constitution of India)1. By this petition, the petitioners, firstly; seek a direction to the respondents No.1 to 3 to cancel the lease, if any, granted to the respondent No.5 and/or to revoke the same. Secondly; a direction be issued to the respondents No.1 to 3 to correct the revenue record with respect to Khasra No.736 of Civil Station (Civil Lines), Raipur, which are recorded as plot No.8/1 to 8/4 block No.16 total area 34883 sq.ft. Thirdly; quashing the proceedings pending before the Nazul Officer, Raipur, being without jurisdiction and a last prayer was added by amendment, ordered on 6-4- 2010, that the order dated 31-7-2004 passed by the Nazul Officer in Revenue Case No.80/B-12/2003-04, as also against the order dated 15-9-2004 passed by the Nazul Officer, Raipur in Revenue Case No.80/B-121/03-04, order dated 14-6-2005 passed by the Additional Collector, Raipur in Revenue Case No.121/2-B/2004-05.2. The indisputable facts, in brief, as proje...


May 05 2011

Rajiv Grih Nirman Sahakari Samiti Maryadit and Another Vs. State of M. ...

Court: Chhattisgarh

Decided on: May-05-2011

1. Challenge in this petition is to the order dated 17-10-1997 (Annexure P/5) whereby the respondent No.1 has declined to acquire the land for the use of petitioner society for construction of houses. 2. Learned counsel appearing for the petitioner submits that the petitioner-Society made an application to the respondent No.3 for initiating acquisition proceedings to acquire land for the purpose of construction of houses for the people belonging to weaker section. The petitioner society purchased land from the private land owners through negotiations. However, land admeasuring 2.470 hectares of Patwari Circle No.113 of village Purena, Tahsil and District Raipur could not be purchased by the Society despite its best efforts. Therefore, the petitioner-society made an application to the respondent No.3 for initiating proceedings for acquiring the said potion of land. accordingly, a notification dated 1-12-1990 under Section 4 of the Land Acquisition Act, 1894 (for short ‘the Act, 18...


May 04 2011

Smt Shweta Sahu Vs. State of Chhattisgarh and Another

Court: Chhattisgarh

Decided on: May-04-2011

(WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA)1. The petitioner seeks a direction to the respondents to grant annual grade increment from the date of initial appointment and consequential benefits of service, arrears, interest etc.2. The indisputable facts, in nutshell, relevant for the adjudication of the case, are that the petitioner was initially appointed on compassionate basis on the post of Auxiliary Nurse cum Midwife (for short ‘the ANM') on 01.10.1994 (Annexure P/1) by the Chief Medical and Health Officer, Bilaspur, on the death of her husband namely Late Jitendra Kumar Sahu, who died in harness. The appointment order provided that the petitioner was required to undergo 18 months training of Multipurpose Health Worker (Female) by an institute, run by the Government. Thereafter, the name of the petitioner should be registered with Mahakoshal Nurses Registration Council and should be renewed time to time to keep registration valid. According to the averment ...


May 04 2011

Jageshwar Sahu and Others Vs. Ghasiram Chouhan and Others

Court: Chhattisgarh

Decided on: May-04-2011

(Miscellaneous appeal under Section 173 of the Motor Vehicles Act)RAJEEV GUPTA, C.J.1. The unfortunate parents of deceased Mukesh Kumar Sahu are the appellants before us in this appeal for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Mahasamund (for short `the Tribunal') vide award dated 30.10.2006, passed in Claim Case No.19/2006.2) As against the compensation of Rs.14,00,000/-, claimed by the appellants/claimants, unfortunate parents of deceased Mukesh Kumar Sahu by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the motor accident on 28.10.2005, the Tribunal awarded a total sum of Rs.1,22,000/- as compensation along with interest @ 6% per annum from the date of the filing of the claim petition till the date of actual payment.3) The Tribunal on a close scrutiny of the entire evidence led before it held that claimants' son Mukesh Kumar Sahu died on account of the injuries sustained by him in the motor accident on ...


May 02 2011

Ram Sagar Sinha Vs. State of Chhattisgarh and Others

Court: Chhattisgarh

Decided on: May-02-2011

(Writ Petition under Article 226 / 227 of the Constitution of India)1. By this petition, the petitioner seeks to quash the order of dismissal dated 30.09.2002 (Annexure - A/8), passed by the Deputy Inspector General of Police (for short "the DIG"), Chhattisgarh Special Armed Forces (for short "CGSAF"), Bhilai. Thereafter, subsequent order passed in appeal confirming the order of the dismissal.2. The indisputable facts, in nutshell, as pleaded by the petitioner, are that the petitioner was appointed as Constable in the Special Armed Force on 31.1.1985. The petitioner was posted at 2nd Battalion, CGSAF, Sakri, District Bilaspur. The petitioner was posted at Samari, Police Station Kusmi, District Surguja. On 01.02.2001, during a roll call, he was absent. There is an allegation that the petitioner abused with filthy language to the Post Commander. A panchnama was prepared and it was found that the petitioner was inebriated.3. The departmental enquiry was initiated on 25.05.2001 vide D.E. N...


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